Published AAO appeal decisions

Martial arts entrepreneur sought EB-2 exceptional ability classification with NIW. AAO found petitioner met only one of six regulatory criteria for exceptional ability, not the required three. Because underlying EB-2 eligibility was not established, the NIW claim was reserved without analysis.

Gymnastics trampoline and tumbling coach sought EB-1A extraordinary ability classification. Claimed three criteria: membership in associations, leading or critical role, and comparable evidence of awards. AAO found one criterion met but insufficient to reach three-criterion threshold, thus dismissed the appeal without addressing final merits.

Commercial pilot and flight instructor sought NIW as EB-2 advanced degree professional, proposing to train U.S. pilots. AAO dismissed, agreeing that the endeavor has substantial merit but lacks national importance. Pilot shortage alone does not establish national importance of individual instruction work.

A judoka petitioner sought EB-1A extraordinary ability classification. The petitioner claimed three criteria: awards, membership, and published materials. The AAO affirmed the Service Center's denial, finding the petitioner failed to meet any three criteria; awards and membership lacked documented national significance and recognition standards.

Fitness trainer and yoga instructor sought EB-1A extraordinary ability classification. Claimed six criteria: membership, published materials, judging, original contributions, scholarly articles, and high salary. AAO found membership criterion unmet due to insufficient evidence of outstanding achievement requirements; published materials not in major outlets; and scholarly article written for general public, not learned audience. Overall record lacks sustained acclaim required.

A jiu-jitsu athlete self-petitioned for EB-1A extraordinary ability status, claiming five evidentiary criteria. The AAO found awards established one criterion but rejected membership and judging as not meeting regulatory requirements. The decision concluded the petitioner lacked the sustained acclaim and top-tier recognition required for the classification.

Brazilian jiu-jitsu athlete and coach seeks extraordinary ability classification. Petitioner established two of ten criteria but failed to meet three-criterion threshold. Original contributions and leading critical role claims rejected as unsupported by evidence of significant field impact. AAO found petitioner lacked sustained acclaim required for top-tier status.

Physical fitness instructor sought EB-2 with NIW. AAO affirmed denial, finding evidence did not show proposed endeavor had national importance beyond the employer. Generic articles on fitness importance and expert opinions regarding position advancement did not establish national-level impact.

Brazilian Jiu-Jitsu coach with 40+ years experience seeking EB-1A extraordinary ability classification. Met only two of ten required criteria: judging and leading role. Failed to demonstrate major international award or sufficient acclaim to establish extraordinary ability standard.

A retired professional soccer player seeks EB-1A classification. He satisfied four initial evidentiary criteria. However, the AAO affirmed the director's final merits finding that his career lacked sustained national or international acclaim, with media coverage concentrated in 2011-2015 rather than throughout his career.

An exercise trainer and group fitness instructor seeking EB-2 advanced degree or exceptional ability classification with national interest waiver. AAO agreed endeavor lacked national importance; benefits limited to small subset of clients. AAO also withdrew director's finding that petitioner was well positioned to advance endeavor.

A chief executive officer and coach sought EB-2 NIW classification claiming exceptional ability in capoeira. The AAO found the petitioner failed to meet any of six exceptional ability criteria, particularly lacking evidence of advanced degree, ten years progressive experience, or professional association membership. Appeal dismissed without reaching Dhanasar framework.

A pilot seeks an NIW for EB-2 classification proposing to become a flight instructor. He argued a national pilot shortage demonstrates national importance. The AAO held that a nationwide shortage in the profession does not establish that his specific proposed endeavor has national importance or would broadly impact the field.

A mountain climber and scout self-petitioner sought EB-1A extraordinary ability classification. The AAO dismissed the appeal, finding he met only one of the ten evidentiary criteria (published materials) but not the required three minimum. Overall record did not demonstrate sustained national or international acclaim or elite recognition.

Brazilian jiu-jitsu athlete and coach seeks EB-1A. Claims include competition awards and association membership. AAO found competition medals lack national or international recognition and insufficient media coverage; membership claim not adequately established; does not meet three-criterion threshold or demonstrate extraordinary ability.

Hockey referee seeking EB-1A extraordinary ability classification. Met one criterion (leading critical role) but failed to satisfy minimum three-criteria threshold. Lacked major awards, qualifying association membership, judging role, or demonstrated original contributions of significance. Appeal dismissed.

Synchronized swimming athlete and coach met initial evidentiary criteria but failed to demonstrate sustained national or international acclaim; seven to eight year gap after relocating to US showed failure to maintain commensurate level of achievement required for extraordinary ability.

Soccer coach and entrepreneur sought EB-2 classification as individual of exceptional ability and national interest waiver under Dhanasar. AAO found substantial merit but dismissed appeal because proposed endeavor lacked national importance; it would not impact athletics field broadly or provide sufficient economic benefits to rise to national importance level.

A former professional soccer player in Brazil seeks NIW for EB-2 as individual of exceptional ability to establish soccer development business. Petitioner claimed six evidentiary criteria for exceptional ability. AAO found petitioner fails to meet exceptional ability requirements and does not establish national importance of proposed endeavor under Dhanasar first prong, dismissing appeal.

An athlete in an unpopular U.S. sport met two criteria on initial review. AAO affirmed dismissal because petitioner failed to explain how post-filing awards applied to the original petition, made only generalized appeals without specific arguments, and did not justify why regulatory criteria did not apply to his field.

A Brazilian jiujitsu coach beginning in 2012 and coaching since 2015 sought EB-1A classification. The AAO found insufficient evidence of major awards, published material, or judging that demonstrates sustained acclaim and status among the very top of the field.

Competitive cyclist sought EB-1A extraordinary ability classification. AAO dismissed appeal, finding petitioner met fewer than three regulatory criteria; published material criterion failed due to limited publication scope, and judging criterion failed because refereeing duties do not constitute judging work of others.

Helicopter pilot sought NIW for EB-2 exceptional ability classification to work in medical air transport without job offer. AAO dismissed appeal because proposed work lacked national importance despite claims of public health benefits; endeavor did not demonstrate broader field impact or substantial societal welfare enhancement.

Powerlifting athlete claims extraordinary ability based on team membership, published articles, and judging roles. AAO found insufficient evidence of three required criteria: membership lacked documentation of selection standards, published material unrelated to U.S. work, and overall record insufficient for extraordinary ability classification.

Volleyball coach and former athlete seeks EB-1A extraordinary ability classification. Petitioner met four initial criteria but failed final merits analysis. AAO held petitioner lacked sustained national or international acclaim as coach and did not demonstrate top-tier achievement in coaching career.